Bills of Rights in the Common Law

Nonfiction, Reference & Language, Law, Constitutional
Cover of the book Bills of Rights in the Common Law by Robert Leckey, Cambridge University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Robert Leckey ISBN: 9781316288092
Publisher: Cambridge University Press Publication: May 5, 2015
Imprint: Cambridge University Press Language: English
Author: Robert Leckey
ISBN: 9781316288092
Publisher: Cambridge University Press
Publication: May 5, 2015
Imprint: Cambridge University Press
Language: English

Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problematic. Highlighting inventiveness in rights adjudication, including creative remedies and guidance to legislative drafters, he challenges classifications of review as strong or weak. Disputing claims that it is modest and dialogic, he also argues that remedial discretion denies justice to individuals and undermines constitutional supremacy.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problematic. Highlighting inventiveness in rights adjudication, including creative remedies and guidance to legislative drafters, he challenges classifications of review as strong or weak. Disputing claims that it is modest and dialogic, he also argues that remedial discretion denies justice to individuals and undermines constitutional supremacy.

More books from Cambridge University Press

Cover of the book The Cambridge Companion to Newton by Robert Leckey
Cover of the book The Ituraeans and the Roman Near East by Robert Leckey
Cover of the book Shakespeare and Renaissance Ethics by Robert Leckey
Cover of the book Second Dialect Acquisition by Robert Leckey
Cover of the book Languages of the World by Robert Leckey
Cover of the book Hyperspectral Imaging Remote Sensing by Robert Leckey
Cover of the book Islamic Schools in Modern Turkey by Robert Leckey
Cover of the book The Architecture of the Roman Triumph by Robert Leckey
Cover of the book The Myth of Presidential Representation by Robert Leckey
Cover of the book Organizational Control by Robert Leckey
Cover of the book The Hadal Zone by Robert Leckey
Cover of the book Hodges' Frontotemporal Dementia by Robert Leckey
Cover of the book WTO Agreement on Subsidies and Countervailing Measures by Robert Leckey
Cover of the book Shakespeare Survey: Volume 66, Working with Shakespeare by Robert Leckey
Cover of the book The Relevant Market in International Economic Law by Robert Leckey
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy